Bala Krishna Narayana, J. - (1.) LIST has been revised. None appears on behalf of the respondents to oppose the writ petition.
(2.) HEARD learned Counsel for the petitioners. This writ petition has been filed by the petitioners for quashing the order dated 28.02.2009 passed by the Additional District Judge/M.A.C.T. Court No. 3, Firozabad in Misc. Case No. 72 of 2008, M.A.C.P. No. 176 of 2005, Smt. Shayama Devi v. O.I.C. Co. and Ors.
(3.) THE facts of the case as stated in the writ petition are that the petitioners filed M.A.C.P. No. 176 of 2005 before the M.A.C.T. Firozabad for being awarded Rs. 17, 60, 000/ - as compensation for the death of deceased Mahesh husband of the petitioner No. 1 and father of the petitioner No. 2 to 5. The M.A.C.T., Firozabad vide its judgment dated 30.11.2007 awarded Rs. 3, 16, 200/ -alongwith interest @ 7% per annum to the claimants/petitioners to be paid by the owner of the vehicle Devendra Sing respondent No. 2. The judgment further provided that since the statutory liability for payment of compensation awarded is upon the insurance company respondent No. 3, the amount of compensation shall be deposited by the insurance company within 30 days of the judgment and the insurance company shall be entitled to recover the said amount from the owner of the vehicle and the amount so deposited shall be paid to the petitioners.;